Markets: News  

District Court rules against Merck in patent suit

SAN FRANCISCO (MarketWatch) -- Merck & Co. said late Friday that the U.S. District Court for the District of New Jersey ruled against the healthcare firm in a patent infringement lawsuit against Apotex Inc. and Apotex Corp. Apotex is seeking U.S. Food and Drug Administration approval to sell a generic version of Merck's Nasonex, which is used to treat nasal allergies. Merck believes the U.S. patent for Nasonex is valid and "would be infringed by the Apotex product," said Bruce N. Kuhlik, executive vice president and general counsel of Merck, adding that the company plans to review all of its options, including a "likely appeal of the decision." Global sales of nasonex nasal spray amounted to $1.2 billion in 2010, according to Merck's 2010 annual report.